PROPOSED AMENDMENT TO ALABAMA

RULE OF APPELLATE PROCEDURE 8(D)(1)

Current language
When pronouncing a sentence of death, the trial court shall not set an execution date,
but it may make such orders concerning the transfer of the inmate to the prison system
as are necessary and proper. The supreme court shall at the appropriate time enter an
order fixing a date of execution, not less than 30 days from the date of the order, and it
may make other appropriate orders upon disposition of the appeal or other review. The
supreme court order fixing the execution date shall constitute the execution warrant.

Proposed new language

When pronouncing a sentence of death, the trial court shall not set an execution date,
but it may make such orders concerning the transfer of the inmate to the prison system
as are necessary and proper. The supreme court shall at the appropriate time enter an
order fixing a date of execution, not less than 30 days from the date of the order, and it
may make other appropriate orders upon disposition of the appeal or other review. The
supreme court order fixing the execution date shall constitute the execution warrant. If
the date designated in the execution warrant passes by reason of a stay of execution, or
due to a delay in the execution process caused by a stay of execution, then a new date
shall be designated promptly by the Commissioner of Corrections.
 SELECTED LEGAL AUTHORITIES GOVERNING
THE ISSUANCE OF EXECUTION WARRANTS

28 C.F.R § 26.3 (Federal Government)

“(a) Except to the extent a court orders otherwise, a sentence of death shall be executed:
(1) On a date and at a time designated by the Director of the Federal Bureau of Prisons,
which date shall be no sooner than 60 days from the entry of the judgment of death. If
the date designated for execution passes by reason of a stay of execution, then a new
date shall be designated promptly by the Director of the Federal Bureau of Prisons
when the stay is lifted . . . .”

California Penal Code § 1227(a)

“If for any reason other than the pendency of an appeal pursuant to subdivision (b) of
Section 1239 of this code a judgment of death has not been executed, and it remains in
force, the court in which the conviction was had shall, on application of the district
attorney, or may upon its own motion, make and cause to be entered an order
specifying a period of 10 days during which the judgment shall be executed. The 10-day
period shall begin no less than 30 days after the order is entered and shall end no more
than 60 days after the order is entered. Immediately after the order is entered, a certified
copy of the order, attested by the clerk, under the seal of the court, shall, for the purpose
of execution, be transmitted by registered mail to the warden of the state prison having
the custody of the defendant; provided, that if the defendant be at large, a warrant for
his apprehension may be issued, and upon being apprehended, he shall be brought
before the court, whereupon the court shall make an order directing the warden of the
state prison to whom the sheriff is instructed to deliver the defendant to execute the
judgment within a period of 10 days, which shall not begin less than 30 days nor end
more than 60 days from the time of making such order.”

Georgia Code Section § 17-10-34

“When a person is sentenced to the punishment of death, the court shall specify the
time period for the execution in the sentence. The time period for the execution fixed by
the court shall be seven days in duration and shall commence at noon on a specified
date and shall end at noon on a specified date. The time period shall commence not less
than 20 days nor more than 60 days from the date of sentencing.”

Kentucky Revised Statute § 431.218

When a judgment sentencing the defendant to death has been affirmed, the mandate
shall fix the day of the execution as the fifth Friday following the date of the mandate of
the court. The clerk of the Supreme Court shall transmit either by special messenger or
by certified mail, return receipt requested, a certified copy of the mandate to the proper
officer which shall be the authority of such officer to carry the mandate into effect. The
officer receiving the copy shall report his action both to the governor and to the circuit
court. If from any cause the execution does not take place on the day appointed in the
mandate, the governor may from time to time appoint another day for execution until
the sentence is carried into effect.

New York Correction Law § 651

The week of execution appointed in the warrant shall be not less than thirty days and
not more than sixty days after the issuance of the warrant. The date of execution within
said week shall be left to the discretion of the commissioner, but the date and hour of
the execution shall be announced publicly no later than seven days prior to said
execution.